Judges reinstate Texas abortion restrictions

Reproductive rights advocates cheer as the Texas Senate tries to vote on the controversial anti-abortion bill SB5, which was up for a vote on the last day of the legislative special session June 25, 2013 in Austin, Texas (Erich Schlegel / Getty Images / AFP)

Three days after a federal judge ruled Texas’ new abortion restrictions were unconstitutional, a federal appeals court has reinstated most of the provisions with immediate effect.

A panel of judges on the 5th Circuit Court of Appeals in New
Orleans said that even though opponents of the law are
challenging the restrictions in a lawsuit, the controversial
provision that requires doctors performing abortions to hold
admitting privileges at a nearby hospital can take effect.

As a result, about one third of Texas’ abortion clinics won’t be
able to perform the procedure starting on Friday, November 1.
Women’s groups fighting the law have argued that it would cause
these clinics to shut down permanently.

Earlier this week, District Judge Lee Yeakel halted the new restriction until the case is
decided, ruling that it held no medical value. The appeals panel,
however, disagreed, saying there is value in ensuring the doctors
performing abortions have up-to-date credentials and that it
would help protect patient safety.

According to the Associated Press, the appeals court acknowledged
the new law "may increase the cost of accessing an abortion
provider and decrease the number of physicians available to
perform abortions." At the same time, though, it said that
outcome would not be enough to invalidate the law altogether,
since it doesn’t attempt to ban the core right to an abortion.

The panel also reinstated another part of the law that Yeakel
halted on Monday, which limits access to non-surgical abortion
methods employing pills.

Texas’ Republican Governor Rick Perry spoke out in favor of the
ruling by the appeals court:

"Today's decision affirms our right to protect both the unborn
and the health of the women of Texas," Perry said, according
to Fox News. "We will continue doing everything we can to
protect a culture of life in our state."

The appeals court is scheduled to hear oral arguments concerning
the core constitutionality of the case in January.

The controversial abortion restrictions became national news when
state Democratic Senator Wendy Davis filibustered the bill for 13 hours back in June.
Since then, Davis has launched a campaign to become the state’s
next governor. She is likely to face off against Republican
challenger, and current state attorney general, Greg Abbott.
Perry has already declined to seek another term.